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Inspection
Agreement
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here for a printer friendly version of the Inspection Agreement
Form.
Goff Home Inspections, LLC
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Inspected Property Location |
Client Name: ________________________________ |
___________________________________________ |
Current
Address: _____________________________ |
___________________________________________ |
Client Email: ________________________________ |
Date:_____________ Time: _________ am/pm
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Client Mobile: _______________________________ |
Weather: ___________________________________ |
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CLIENT engages
Goff Home Inspections, LLC (“COMPANY”) to inspect
and provide a report of the home inspection at the Inspected
Property Location above. The COMPANY’S services are
to be performed in accordance with the Standards
of Practice of the National Association of Certified Home
Inspectors (NACHI Standards). The inspection is a VISUAL inspection
of the READILY ACCESSIBLE areas
of the above property in accordance with the terms and conditions
contained in this AGREEMENT and the definitions, standards,
limitations, exceptions, and exclusions contained in the
NACHI Standards in effect at the time of the inspection.
CLIENT agrees to read the written inspection report (“REPORT”)
immediately upon receipt of the REPORT and call the COMPANY
for an explanation of any aspect of the REPORT and/or the
NACHI Standards that they do not fully understand.
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INSPECTION AGREEMENT
(Please Read Carefully) |
The
COMPANY agrees to conduct an inspection for the purpose of
informing the CLIENT of the Material
Defects of the property
as defined in the NACHI Standards. Material Defects observed
will be noted in the REPORT, however, it is not the COMPANY’S
responsibility to speculate as to the cause(s) of any Material
Defects. The CLIENT should consult a licensed contractor
to determine the cause(s) of any Material Defects and the
cost of any associated repair/replacement of such items.
Home maintenance, operation, and cosmetic defects may be
brought to CLIENT’S attention, but it is not within
the scope of COMPANY’S
engagement to do so.
It is understood and agreed that the COMPANY’S inspection will be of readily
accessible areas of the property and is limited to visual observations of apparent
conditions existing ONLY
ON THE DATE AND AT THE TIME OF THE INSPECTION. The NACHI
Standards include a complete description of the limitations, exceptions, and
exclusions related to a home inspection.
The CLIENT acknowledges and understands
that limitations, exceptions, and exclusions of the scope
of the inspection, the REPORT and the COMPANY’S services are
specified in the NACHI Standards, and that the NACHI Standards specifically address
items and areas not included in the scope of COMPANY’S
work. COMPANY shall not be responsible for any third party
or environmental inspections.
The inspection and REPORT
are performed and prepared for the SOLE AND EXCLUSIVE USE
AND POSSESSION OF THE CLIENT. No other person or entity may
rely upon the COMPANY’S inspection or report. The REPORT
is not transferable.
The CLIENT gives the COMPANY the right
to disclose information within the REPORT to sellers, agents,
lenders, insurers, and others who are involved in the purchase,
sale or financing of the property. However, information will
be disclosed solely for the purpose of convenience and may
not be relied upon by the recipient thereof.
It is understood and agreed that the language contained on
the second page of this Agreement, including but not limited
to the UNCONDITIONAL RELEASE
AND LIMITATION OF LIABILITY and BINDING
ARBITRATION provisions are part of this agreement.
It is understood and agreed that the NACHI Standards are
a material part of this agreement.
The CLIENT acknowledges receipt of and the opportunity to
review a copy of this AGREEMENT and
the NACHI Standards.
Acceptance and understanding of this agreement
are hereby acknowledged: |
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___________________________________________ |
_______________________________________ |
| COMPANY
Representative Date
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CLIENT Date
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| Inspection
Fee: $_______ |
Radon Fee: $ ________ |
Total: $ __________ |
PAID
IN FULL |
Payment is due upon completion
of the on-site inspection |
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The NACHI Standards
of Practice, incorporated herein, contain a complete, detailed
description of all the included and excluded areas to be
inspected during the performance of the home inspection.
The NACHI Standards include certain Limitations, Exceptions,
and Exclusions pertaining to the scope of the COMPANY’S
inspection and REPORT.
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UNCONDITIONAL
RELEASE AND LIMITATION OF LIABILITY
(Please Read Carefully) |
In
recognition of the relative risks, rewards, benefits and
the limited amount of the fee charged for COMPANY’S services, the CLIENT
agrees, to the fullest extent permitted by law, that the liability
of COMPANY, its owners, members, agents, and employees (hereinafter
collectively the “COMPANY”) to the CLIENT for any
and all claims, losses, costs, damages, or expenses of any
nature whatsoever and from any cause or causes, (including,
but are not limited to, negligence, professional errors or
omissions, strict liability, breach of contract or warranty,
or any other common law theory or statutory violation or claim)
is limited so that the total aggregate liability to CLIENT
shall not exceed the total fee paid by CLIENT to COMPANY for
the services rendered on this project. The COMPANY makes no
warranty, guaranty or certification, express or implied, with
respect to any services performed except as may be specifically
set forth herein. COMPANY shall not be liable for any claim,
damage, cost or expense, including attorney fees, or other
liability or costs not caused by the negligence or willful
misconduct of COMPANY. CLIENT will arrange and provide access
to the property upon which it will be necessary for COMPANY
to perform its work and CLIENT represents and warrants to COMPANY
that CLIENT has obtained all necessary permission and authority
for the COMPANY to access, inspect and photograph the property.
CLIENT acknowledges that the COMPANY assumes no liability or
responsibility for the cost of repairing or replacing a reported
or unreported defect or deficiency or any non-recognized Material
Defect, either current or arising in the future, or for any
property damage, disparity in value of property inspected,
consequential damages, or personal injury of any nature. It
is agreed that the COMPANY is not an insurer of the condition
of the property inspected and that the inspection and REPORT
are not intended and are not a guarantee or warranty, express
or implied, regarding the adequacy, performance, or condition
of any inspected structure, portion of the building, item or
system at the property address. To the extent that CLIENT makes
a claim against COMPANY, CLIENT further agrees, that as a condition
precedent to asserting any claim against COMPANY or in any
way arising from the inspection provided by COMPANY, with the
exception of emergency situations, no alteration, modification
or repair to the portion of the property claimed to be defective
will be made by the CLIENT or any other party prior to providing
the COMPANY with the opportunity to reinspect the property.
CLIENT further agrees that any claim brought against the COMPANY
must be brought within six (6) months of the inspection date
or shall be forever barred. CLIENT acknowledges that the fee
charged by COMPANY reflects the limitation of liability and
the limited period upon which to bring any claim as provided
in this agreement. CLIENT and COMPANY agree that if any portion
of this agreement is declined, invalid or unenforceable, the
remaining provisions shall remain in full force and effect.
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ABSENTEE
CLIENT(S)
(Please Read Carefully) |
The REPORT is only one part of the home inspection. If at all possible
the CLIENT(s) should attend
the actual inspection of the Property and discuss the inspection
findings with the COMPANY. When
the CLIENT is absent from the inspection, the CLIENT is missing
out on the most critical component of the inspection process;
an opportunity for the CLIENT to talk with the COMPANY’S
inspector about the inspection findings, personally observe
the items that will be in the included in the REPORT, discuss
recommended home maintenance and operation items, and an opportunity
to ask and receive answers to questions about the inspection
process, findings and REPORT contents. Absentee CLIENTS miss
out on these great benefits!
Due to the potential for misinterpretation of the REPORT and so the CLIENT can
fully benefit from the inspection, the absent CLIENT is urged to contact the
COMPANY by phone within 3 days of the inspection for a full review of the REPORT.
The absentee CLIENT is also urged to contact the COMPANY at the beginning of
occupancy of the property to arrange for an on-site review of the inspection
and REPORT. Unless the COMPANY has an opportunity for an on-site verbal review
with the CLIENT within 60 days from the date of the inspection, the COMPANY cannot
assist the CLIENT further in understanding the findings of the inspection.
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Binding
Arbitration |
Any dispute
arising under this agreement shall be timely submitted to and
heard and determined by the American Arbitration Association
pursuant to its commercial arbitration rules in effect at the
time of any dispute. The determination of the arbitrator shall
be binding on the parties, shall not be appealable, and judgment
on the award rendered may be entered in any court having jurisdiction
on the matter. All arbitration proceedings shall be held in
Ingham County, Michigan.
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| Notice to Third Parties |
| The REPORT
associated with this home inspection is non-transferable and
has been or will be prepared exclusively for the sole benefit
of the CLIENT. It may be relied
upon by CLIENT only and no one else. It is not intended for use or to be relied upon by
any person other than the CLIENT. If CLIENT or the COMPANY
distributes copies of the REPORT to other parties or persons
they are not intended beneficiaries of this agreement or the
REPORT and may not rely upon the content thereof. |
__________________
CLIENT’S initials
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